JUDGMENT :

1. The petitioner seeks rejection of the bids of the respondent nos. 4 to 6 in respect of serial 25 of a tender process under the name and style of “15 Tonne SWL Cage Suspension Gear Set Complete in all respect Suitable for 46 mm dia winding rope” issued by Eastern Coalfields Ltd. (ECL).

2. Learned Advocate appearing on behalf of the petitioner submits that, the respondent nos. 4 to 6 did not satisfy the essential eligibility criteria as prescribed in the notice inviting tender. He submits that the respondent no. 4 was found not to be qualified on the ground of the initial portion of the eligibility criteria. The respondent nos. 4 to 6 are Medium Scale Enterprise (MSE). Therefore, the criteria should be made applicable across all MSEs participating in the tender process. In the present case, ECL distinguished between similarly situated persons and made one eligibility criteria of the tender process applicable for one MSE such as the respondent no. 4 while the ECL made another criteria applicable for the respondent no. 5 who is also an MSE. He draws the attention of the Court to the eligibility criteria. He submits that, the eligibility criteria can be divided into two port